| Transfer Fee Exemption Statute |
| In order for a deed to be recorded which is exempt from transfer fee,
the following
words have to be stated on the deed: |
Exempt from transfer fee pursuant to SDCL 43-4-22 (?) (Applicable
subdivision must be put in parenthesis).
(This Statement must be typed
or printed
legibly on the face of the document.)
For your convenience this statute
is as follows: |
43-4-22. Exemptions from real estate transfer fee. The
fee imposed by SDCL 43-4-21 does not apply to any transfer of title:
|
- Recorded before July 1, 1968;
- By or to the United States of America,
this state, or any instrumentality, agency, or political subdivision
of either;
- Solely in order to provide for or to release security
for a debt or obligation;
- Which confirms or corrects a deed previously
executed and recorded;
- Between husband and wife, or parent and child
with only nominal actual consideration therefore;
- On sale for delinquent
taxes or assessments, sheriffs deeds,
other deeds issued in foreclosure actions or proceedings or deeds
issued in lieu of foreclosure actions or proceedings;
- On partition;
- Pursuant to any mergers or consolidations of corporations
or limited liability companies or plans of reorganization by
which substantially all of the assets of corporations or limited
liability companies are transferred;
- By a subsidiary corporation to its
parent corporation
for no consideration, nominal consideration, or sole consideration
of the cancellation
or surrender of the subsidiarys stock;
- Pursuant to decrees
of distribution entered in any decedents
estate;
- Between an individual grantor, or grantors, and
a corporation, where the grantor or grantors and the
owner of the majority
of the capital
stock of the
corporation are the same person;
- Between any corporation
and its stockholders or creditors, or between any limited liability
company and its members
or creditors, if to effectuate
a dissolution
of the corporation or limited liability company it
is necessary to
transfer the title of real property from the corporate
entity to the stockholders
or creditors;
- On cemetery lots and grave sites;
- Between an individual grantor, or
grantors, and a limited or general partnership if the grantor or
grantors
and the
owner of
the majority
interest in the limited
or general partnership are the same person;
- Between
a fiduciary and a beneficiary of the fiduciary or between a fiduciary
and a third party,
if the transfer
or conveyance
is
to accommodate the fiduciary
relationship;
- Between individuals, regardless
of the relationship, if the conveyance is an absolute gift without
consideration of
any kind
in return for
the conveyance;
- Pursuant to a decree of divorce,
annulment or separate maintenance or pursuant to a settlement
agreement approved
or adopted by
a decree of divorce, annulment
or separate maintenance;
- For which no consideration
was given;
- Between any limited liability company
and its members.
|
|
| Office Contact
Information: |
|
|
Mailing
Address:
Davison
County
Register
of Deeds
Debra Young
200
East 4th
Ave.
Mitchell, SD 57301
|
|
Telephone:
|
605-995-8616
|
|
Fax:
|
605-995-8648
|
|
|
|
|
|
|
| |
|
|